Voluntary manslaughter

Question 1

Abnormality of the Mental
functioning ’

Answer 1

R v Byrne “A state of mind so different from that of ordinary human beings
that a reasonable man would term it abnormal“

Question 2

R v Byrne

Answer 2

Facts: D murdered a young girl staying in a YWCA. then mutilated her body and argued he was suffering from irresistible
impulses that he was unable to control.
Held: Guilty of diminished responsibility
Ratio: Abnormality of mind is wide enough to cover the minds activities in all
aspects, including the ability to exercise will power to control physical acts in
accordance with rational judgment.

Question 3

Medical conditions allowed by courts

Answer 3

Epilepsy, Post natal depression, pre menstrual tension and battered woman syndrome.

Question 4

R v Reynolds

Answer 4

Facts: D killed her mother with a
hammer whilst suffering from post-
natal depression
Held: Guilty of diminished
responsibility
Ratio: postnatal depression is a
recognised medical condition

Question 5

R v Ahluwalia

Answer 5

Facts: D was subject to years of abuse by her husband.
She had attempted to end her life on several occasions
during her marriage due to the state of humiliation and
loss of self-esteem. On the night in question her
husband had threatened her with violence. Having
gone to bed, she set alight his bedroom. V succumbed
to his injuries shortly after.
Held: Guilty of manslaughter
Ratio: Battered wife syndrome is a recognised medical
condition.

Question 6

Medical conditions

Answer 6

Dowds (2012)
Facts: D killed his partner in a frenzied knife
attack whilst heavily intoxicated, both he and
his partner were habitual drinkers and often
had violent altercations. He reported her
death two days after the incident and stated
he had no recollection of the events but
accepted he did kill her.
Held: Guilty of murder
Ratio: Voluntary acute intoxication or other
substance is not capable of amounting to
diminished responsibility.

Question 7

Substantial impairment’

Answer 7

The impairment must be substantial – This means ‘more than some trivial
degree of impairment, but less than total impairment’ (R v. Egan)
The judge in a trial does not need to give specific direction on the meaning of
what substantial means - (Golds)

Answer 8

1. Use
   nature of
   conduct
2. Form a rationality
   judgement
3. Exercise self control

Question 9

Ds act or omission of killing

Answer 9

at least a significant contributory
factor in causing the defendant to act as he
did. Must be more than trivial

Question 10

Intoxication

Answer 10

Dowds (2012) – binge drinking is not sufficient.
Dietschmann (2003) – depressed grief reaction to dead
aunt
Wood 2008) – alcoholic killed man making sexual
advances

Question 11

R v wood

Answer 11

Facts: D was an alcoholic who had been
sleeping rough, he became friends with other
alcoholics. On the night in question he had
been drinking heavily with them at one V’s
house. During the night he woke to find V
attempting to perform a sexual act on him. D
attacked V with a meat cleaver and a hammer.
Held: Guilty of manslaugther
Ratio: D was suffering from an abnormality of
mental functioning through alcoholism

Question 12

effects of diminished responsibility

Answer 12

D’s culpability is reduced from murder to voluntary manslaughter which allows the judge to avoid passing a mandatory life sentence; however the maximum sentence for voluntary manslaughter is life.

Question 13

r v Gold

Answer 13

Meaning of “substantial impairment”

Question 14

r v joyce

Answer 14

schizophrenia and intoxication